Due Process?

Question

OK, this is the scenario. This is in Indiana. An attorney files a motion to the court, the other side is Pro Se. This attorney files a motion to the court, then serves it by mail to the Pro Se side. The Pro Se side get the motion in the mail 2 days later and gets an objection to the motion in to court the day after they receive it in the mail. By the time the Pro Se side files their objection in court, which mind you is the day after they had received the motion, the Judge has already granted the attorneys' motion before the Pro Se side has even received the motion. Wouldn't this be a violation of the Pro Se's Due Process of Law, as the court did not allow enought time for them to get an objection motion in?

The Pro Se side hand carries this objection motion to the court clerk.

Answer 1

As noted by the other answers, it depends on the type of motion. The rules in most states provide for a certain notice requirement and the opportunity for a hearing on most motions. However, there are other motions (e.g. to bring a witness from jail to court or to appoint a guardian ad litem for a minor child) which are granted pretty much automatically if the motion is in proper form and pleads sufficient facts.

Without knowing the nature of the case and the nature of the motion, nobody can say whether the rules in any state, much less in Indiana, required additional notice and an opportunity for you to respond.

Obviously, if you are asking questions about legal procedure in this forum, you need to seriously consider hiring an attorney to handle your case. A judge will not cut you any slack because you are representing yourself and, out of lack of knowledge of the rules, you could seriously harm your case without knowing it.

Answer 2

You have not given enough facts.

Was the motion filed just prior to the motion cut-off time line?

I would file a motion to extend the time allowable for objecting to the motion, due to the last moment filing of the motion by the other side being prejudicial to your case (i.e., the motion was granted).

I would also calendar a hearing for this event. If the court refuses to set a hearing to hear your motion, then you have a Due Process issue, which may be appealable.

Answer 3

depends on the motion...some motions can be granted on an ex parte basis condtioned on the right to a hearing....

in any event, there is most likely a proceeding you can bring within which you can challenge the propriety of orders being taken without a hearing on the merits....

one of the big disadvantages of proceeding pro se is not having the inside docket track down pat.....

Answer 4

Depends on the type of motion. The court can use its discretion in a bona fide emergency situation, but there are guidelines to every scenario.

However, "improper service" might be proper grounds to dissolve any orders created by the motion.

Answer 5

Yes it would be. Sorry for the vagueness.. I'm just here to catch a voting cheater.

Answer 6

yes,now they must file an appeal